Defenses against domestic violence charges
If you’re being accused of being involved in a domestic assault, then you need to start defending yourself from the moment you find out you’re being suspected. There are defenses for domestic violence that you can use to help you get through this allegation.
One of the defenses you can claim is if you are the wrong suspect. For example, if you are being accused of abusing someone but are actually not the person they think you are, that would be an explanation of why you’re not guilty. You’ll need to show you have a reliable alibi in some situations.
Self-defense is another defense you can use. Was the other person trying to hurt you, making you fight back for your own protection? If so, you can claim that you only lashed out to protect yourself in fear. You can also claim you were acting in self-defense if you were trying to protect your children or others.
Another good defense is a lack of proof. Does the other party have any evidence or information that can link you to abuse or assault? If not, there is little they can do to prove that you caused injuries or were involved in a domestic violence situation. If the prosecutor fails to meet the burden of proof, then you won’t be able to be convicted.
You can also defend yourself by showing that the allegation that was made but was false. Some people may make allegations out of spite, putting your life and livelihood under fire. Your attorney may want to look for inconsistencies in the other person’s story, so you can prove that the allegations were made up.
Source: FindLaw Blotter, “5 Potential Defense to Domestic Violence,” Aditi Mukherji, accessed Sep. 17, 2015
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